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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (Aug. 8, 1907)
THE DAILY COOS BAY TIMES, MARSHFIELD. OREGON. THURSDAY. AUGUST 8. 1907. i!!l L Cf & r M M P 5 ' ft St' LAI uiIWiIIUN sident Moffatt Gives Asso ciated Press His Opinion On Landis Decision. IDGE RULED EVIDENCEOUT Jlnpnnti' K".VH Comijiiiiy Could gl,, ()cr Other Itoutl lit Same Hate. ew York, Aug. 7. President lies A. Molfatt ot the Standard Oil mpan, 01 Indiana, muuu mo iui- ing statement today In roferrenco the judgment by Judge Landis, nounced in Chicago: The court Having pronounced Its dgment In the case of the United tes vs. the Standard Oil Company Indiana, there can now bo no lm- opriety In stating our position to ;e American jiuuimu. The facts In this case are simple d easily understood. Tho stand- id Oil Company of Indiana was con- cted of receiving wnat the gov- nment claimed was a concession om the Chicago & Alton in the shlp- ent of oil from Us refinery at Whit- g, Ind , to East St. Louis, 111. The ntentlon of the government was at the lawful rate wa3 18 cents per 00 pounds between those points. ho defendant claims: First, that e lawful rate was six cents and, econdly, If six cents was not the Lw ful rate It was the rate Issued to lie Standard by the Alton as the law pi rate, and the Standard was justi cd In believing from lt3 own Infor- atlon and from the information re vived from tho railroad company (lat six cents was the legal rate. "The is cent rate was a 'Cliss' nd not a 'Commodity' rate, and the lalrman ot tho Chicago & Alton raffle As-oclatlon, the association uins the 1 s cer.t rate, under oath stifled that they never applied and as never intended to apply to oil. "Thousands of tons of freight have oen shipped from these points dur- g the past 15 years under the same Ircumstancos as the Standard shlp- ents, and If tho Standard is guilty ;n this case, so is practically every ther shipper in this great manu- acturlng territory. Is there a pur- oso in selecteing tho Standard as a ictim? "The Standard OH Company hipped about one-third of all tho 11 that went from Whiting to Bast t. Louis, tho other two-thirds go ng over the Burlington and the Al- on. On the trial of the caso the de endant offered to show by witnesses prho were on the stand that not only during the poriod covered by the in dictment, but continuously from 1895 the Eastern Illinois had a lawful pub lished and filed rate between Whiting And East St. Louis on oil of six cents per 100 pounds and that the Stand ard Oil Company shipped at such rate pver the Eastern Illinois more than 1000 cars of oil each year during said period. To this offer the gov ernment through Its attorneys stren uously objected and tho court sus tained such objection. The defend- Iant contended and still does contend that this proof would have conclu cluslvely shown that tho Standard Oil Comnanv hnrl nn nnsnlhln nintlvn In shipping over tho Alton and thereby iolatlng the law when it might just as icadlly and conveniently have shipped all of its oil over tho Eastern Illinois and not have violated any law. "Tho defondant also offered to Prove that packing house products, during the same period of time, were carried between these same points under a 'Commodity" rate for ton cents, malt seven, cents; brick five cents, corn meal seven cents; rosin six and one-half cents; starch eight cents; peas, beans and popcorn eight cents; linseed oil in tank cars eight centR; glycerine six cents. Tho court jatfaln .susttiined ,the objections of Government counsel and tho judge again prohibited us from showing the jury how absurd was the govern ment's claim that tho rate, for ex ample, on linseed oil was olght cents, "hlle on petroleum oil it was 18 cents "Under such circumstances, and 'n view of the fact the petroleum bad been openly carried over the three roads from Whiting to East St. Luls for from 10 to 14 years for six cents what a draft It Is on human credulity for tho prosecution to as 8ert that 18 cents was the only possi ble lawful rate, "The uncontradicted evidence showed the Standard OH Company as advised by tho rate clerk of the Chicago & Alton that alx this cent rate was filed with the Interstate Commerce Commission. "The court, however. Instructed tho jury that the shipper miibt know not only what the rate was but also that such rate was actually filed with the Interstate Column rp Commis sion, that is to say, that the view of the court was that a shipper must know absolutely what was the l??al. rate at tho rljk of Buffering enorm ous penalties In the event either that ho was misinformed by tho railroad company or that In tho event Hint he did not c.err-e as much diligence In the judgment of tho courts ho should have exercised In ascertaining whnt tho rate really was. "If this i3 the law, every shipper of freight is In danger of tho peni tentiary or confiscation of his prop erty by way of excessive fines every time ho undertakes to make a ship ment from one state to another. "Knowing that tho rate on tho Eastern Illinois was but six cents, Having no reason for shipping over the Alton In preference to the East ern Illinois, and able to ship all of Its oil over tho latter road, we Insist that the facts, many of which the court did not permit us to show, not alone demonstrate Innocence, Inher ently forbid the Idea of guilt. "Wo further Insist that whatever may bo one's technical view relating to the above questions, every equita ble consideration is with the defend ant, and if the only desire was to give this defendant a 'Square Deal,' this prosecution would never have been Instituted. "The American public not only be lieves In fair play In the abstract, but with all tho facts before It, it has the capacity to determine whether a de fendant, rich or poor, has received a 'Square deal.' "For all these reasons the Stand ard Oil Company asserts that It is not even technically guilty and that It ought never to have been pres ented because of tho claimed failure of a railroad company which has neither been indicted nor prosecuted to file Its tariff, and that the prose cution of this defendant under the circumstances of this case Is a pros titution of the spirit and tho high purpose of tho Interstate Commerce act." Q! Good List of Exhibits and Raoe Horses Promised for the Event. " y ' jrag5gmBg5SEBS2!HS SHHB i !" && J m mi, DATE IS SEPTEMBER 10-14 Xortli llond Horse Ihitercd In Itim- itliiK I'aci's Great Interest Manliest. DAILY TIIANSFKIIS. Caroline E. Dedillion ot al to Laura Taylor, S of lot G2, Bandon cemetery; $5. Ida M.. Douglass et al to Win. Ilar quist et al, Eft of lots 7, 8 and 9, blk. D, Western Add to Marshfiold; $100. Simpson Lumber Co. to Lucille M. Lynch, lots 31 and 32, block 5S, Western Add. to North Dend; $5. Thos. Vlgars et.ux to O. P. Egers, lots 25 and 20, block 3, Bangor plat A; $10. J. H. Barbour et ux to Mary E. McKnlght, lots 1G, 17, IS, 19 and 20, block 30, R. It. Add. to Marshfield; $10. J. N. Foster et ux to Jennie A. Ca vatt, a parcel of land In sec. 8, Tp. 28 S., It. 13 W.; $1. F. G. Kelley et ux to C. A. Peter son, Jr., lots 1, 2. 3, and 4, block 4, Itlverton; $400. A. M. Jones et ux to P. L. Nichols, 1 acio of land adjoining Elliott's Ad. to Coqullle; $1000. K. I. Perky, trustee, to S. E. Todd, lots 22 and 23, block 14, Boise Add to Marshfield; $104.80. Lizzie Lobree to N. J. Cornwall, a parcel of tide land in Sec. 25, Tp. 25 S., It. 13 W.; $7500. W. B. Curtis et ux ot Lida J. Cur tis, lots 5 and G, block 41, East Marshfield; $10. McClelland Invest. & Dev. Co., to Lida J. Curtis, lot 4, blk. 10, Mlll Ington; ?10. McClelland Invest. & Dev. Co., to W. B. Curtis, Jr., lot 5 in block 10, Millington; $10. McClelland Invest. & Dev. Co., to Ilosetta Curtis, lot G, block 10, Mill ington; $10. j. C. Johnson et ux et al to George C. Hor;i, lots 27-2S. block 52, North Bond; $G50. Jacob Mattsoa et ux to oalvin W. Wright et al, parcel of land in NW of Sec. 29-23-12 v.;?au. Anna M. bchafer et al to n. iv. Borhus, lots 39 and 40, block 27, It. It. Add. to Marshfield; $1800. Minerva E. LUllo to Rosa LUllo et al w of SE the NE of SBU and SEK of NB of Sec. 2, Tp. 29 S., R. 13 w.; $1. G. A. Hansen et ux to jonn in. vuj 0 I-.. .1 n14nlnltirf and wife, parcel oi muu ""J""""" North Add. to Coqullle; $C50. Harvey E. James et ux to u. jv. Hnnson, parcel of land adjoining North Add. to Coqullle; !fdo. C00S COUNTY HAS COPIOUS RAINFALL Coos Bay was treated to rather an unusual incident yesterday In a rain which commenced about the noon hour and continued practically all tho afternoon. There was a good, copious fall, and tho gardens and grass will ho greatly benefited by the downpour. The rain was general throughout the county. Roseburg, Oregon, Aug. 7. The coming District Fair which will bo held at the District Fair grounds near this city September 10 to 14 In clusive, promises to eclipse any form er event over given by tho associa tion. At t.ie present time there are many of the stalls near tho race track occupied by harness and sad dle horses which are being trained for tho races which will be held at different fairs, throughout tho state the coming season. For tho first time in a number of years the track is being put in condition early in the game and by so doing the manage ment of the association has proved themselves to be wise, many horse men being attracted to this city who would have otherwise gone to other points of vantage. Word comes from Eugene that a number of runners will arrle here In a few days which will at once be gin training. A number of Marsh field hor&cs will also arrive In .he near future, us will also some fast flesh from the northern part of tho state. Mr. G. A. Lawton, of Med ford arrived last week with Tintoretto (2:25), a bay stallion sired by Oul boul (son of Stamboul), dam, Lady Victor, and Longfellow, a green four-' year-old trotter, sired by Tlntoretta, dam, Lady P. The first named is a wonder and it is said can produce faster speed than his record. W. it. b.n:.i, of Independence, ar rived Sunday with Dexter S., a five- year-old chesnut stallion, sired by Silver Light, dam, by Rockwood, and Seal Rock, a bay two-year-old chest nut stallion by Diablo, dam, by Rock wood. These are all green trotters but will undoubtedly make an excel lent showing with training. Mr. Homenway of North Bend has a live-year-old runner that looks like a sure winner. Albert O'Neal is here with the handsome black stallion, Nocturno (2:2G), owned by C. H. Brown, of Oakland, and sorrel trotter owned by Louis Smlck. Wm. McMullen, a well known horseman, Is in charge of Dlavola, a chestnut pacer, by Diablo, dam, Lily Langtry; Diadem, a three-year-old trotter, also by Diablo; Lady Leemo, a brown pacer by Memo, dam, Katie Dee, and a green trotter by Daly, W. W. Cardwell Is working the chestnut stallion Dlawood (2:11) and the sor rel runner, King Kohr. It is quite probablo that a number of local horsemen will also enter driving horses at tho event. Several have already signified their inten tions of doing so, these being Dr. Seely, I. J. Denning, Baney Mathews, and others. The Fruit Kliiliit. This year's fruit exhibit will un doubtedly be much larger and better than any former display over pre sented in this county. 'The fruit crop has been unusually large and of a good quality this season, and tho farmers ar6 eagerly looking forward to tho tlmo when they can display their product to tho public. The management of tho association has paid special attention to this branch of tho coming fair, offering larger prizes than have heretofore been given. A largo number of tho farm ers have already signified their In tentions of bringing in a largo amount of their cholco fruit and no doubt when tho fair opens this de partment will be ono of tho features. The Stock Exhibits. Tho management of tho fair aro using overy possible means of mak ing this branch of this year's event a winner and from present Indications their wishes will bo realized. Ore gon, especially Douglas county pos sesses much fine stock and the farm ers are being urged to display largeJ exhibits in this department. m On every home table there nm be asrved every day a plate of pure, healthful, delicious hot-biscuits Jlowing the "CLEVELAND" Cook. There is no economy in saving a few cents by using Aliim Baking Powders. The cheap alum baking powders work sure injury to the health. Enjoy the purest of home cooking by using CLEVELAND'S SUPERIOR BAKING POWDER Made from a Superior grade of Pure Cream of Tartar: Fr Sale by all Leading Grocers on the Pacfic ATTORNEY COKE ON BUSINESS TRIP John S. Coke left Tuesday on tho Plant for San Francisco, where ho has business matters to look after. From there he will go to Portland, where other business calls him, and will return to Marshfield about the 20th ot August. Pull the BE LI. C& Wet YourVlilsl5 J. R. fjjKON Tront Street, : : Ml ""TIIT1II1II ii miiiinin RD Then Blow Prop ) rshllcld, (Jrtjron Steam DyeVJorks CSfcf p Nilie iti.kifnwg'it ft t nS.'Ifin I eirdyisl V Philip Rftfcpr, Propiirior. Bank of Capital St $50,000 Transacts Business North Bend, w. Dealer in Pi and Butter livery to all North Bend, ii SSSSj I Qreson B Eck htoy paid up Eg BGenetl BankinI I H Oregon A. ,HARING I I pre fotcam MJlk 1 ' AH tilk,f FrcofdV !, nfaof tlie (it). 1 ! i Ocegon ijg HBenosmsEiananBnnuaj n BONITA and H fc.TH BEND I r sq&ts h THE BAY PS olirJlihedula- H .livdifiici 'mil rvViih O 8 Mluutdk j Aii;s. jH Loast I 1 i FASTES ON HalfH Our service is the best of any restuarant in Marshfield We have a restuarant that would do credit to a place of many times the sizA of Marshfield In our dining room vou can secure privacy and of cuisine will attend the shortes And a not to be ferfelled. Everything is first class up-to-date and the cooking vies with that "Like Mother used to Make" Auiet and uk ExperienraT Ito voui ,B riX fl r Dossier um Br jancn oo best waiters wants in e unter is Hm Iletween Hcml Made in 1 Private Iian Fare: One wur, inc.; rvnid trip, jri J. A. O'KELLY, Proprietor. pDnjjf IBpBWBLLflftjjBMiBI Havefjlfdokie I kE BON . i II V1VANT I H North Front Street H h Opposite City Hall H iQMRBEBElHIBHSKIljBHMHBIMHHKlSKlHHMHWHBiHM Hy E. R.. COLGAN, Successor to CoIgan& Gallup. Phone 1081. WILSON & Contractors THOMAS Office fixtures a spocinl Shelving. Lot us work foro building. and Bwldecs w. JBrorl Idlft yoml Fronts, Counters, plans. fiee us be- d Shop opposite Bear's LtVoy StaUe, Nortk Front Street 'Si! m 3.1 ur- (orl orl f.5 !aej n- $ u In id nt nl te OS in II ii . lO it? hi sM B ri ae i lit is k in; s le t (a o" is til s i d m jo j m 'lei f II f- 8 '! 'l 2: U ai TA h